S K 

.As 



CXa/v-cA. 












^ 



The 

'°" ' ime and Fish 



Laws 



OF COLORADO -^-^^=^^ 



Revision of 1903 

In Effect July 12, 1903. 



REVISED AND PUBLISHED BY AUTHORITY 



J. M. WOODARD 

STATE GAME AND FISH COMMISSIONER 
DENVER. COLO. 




'i "' 1 I?^nver, ('olorSidb**< 
The Sm1th-Brb(fl<s'Printfng Co!,* State l^rinters' 
1903 






\^o 



iOV 37 1904 
D.ofD, 



The 

Game and Fish Laws of Colorado 

AS 

REVISED BY THE COMMISSIONER 
1903 

Note. — Divisions G, H, J and K are new divisions enacted in 1903. All other 
amendments of 1903 are printed in italics. 



DIVISION A. 



Department Created — Commissioner and Wardens — Powers 
and Duties — Ownership of Game and Fisli — General 
Provisions. 

Section 1. The department of game and flsh is hereby created. 
Immediately upon the passage of this act. and every two years 
hereafter, the governor shall, by and with the consent of the sen- 
ate, appoint some person skilled in matters relating to game and 
flsh, to be the state game and flsh commissioner, who shall be 
the head of the department. The governor may at any time 
remove the commissioner for cause, and in vacation of the senate 
may flll any vacancy in the ofHce by appointment in writing, 
filed with the secretary of state. The commissioner shall be a 
resident and citizen of this state, and shall hold his office for 
the term of two years, or until his successor shall be appointed 
and qualified. All such appointments shall expire on February 
1. The commissioner shall receive a salary of $1,S00 per annum, 
together with his reasonable and necessary traveling expenses, 
not exceeding $600 per annum. 

Sec. 2. Before entering upon the duties of his office, the com- 
missioner shall give a bond to the state of Colorado in the sum 
of $5,000, for the faithful performance of such duties, with 
sureties to be approved by the auditor of state, the same to be 
filed with the secretary of state, and he shall also take and 
file an oath similar to that required by other state officers. 

Sec. 3. The commissioner shall be provided with an office at 
the state capitol. and with suitable furniture, stationery and 



other facilities for the transaction of the business of his depart- 
ment. He may appoint a clerli at a salary not exceeding $1,000 
per annum, and may at any time remove said clerk and appoint 
a successor. 

Sec. 4. The commissioner may in writing api^oint and keep in 
service not more than five chief game wardens, who shall be 
residents and citizens of this state, such appointments to be 
filed with the state auditor. Each chief warden shall receive 
a salary of $900 per annum, and his reasonable and necessary 
traveling expenses, and not exceeding $300 per annum. If deemed 
necessary for the proper enforcement of this act, the commis- 
sioner may, with the approval of the governor, appoint deputy 
game wardens for a limited time, and not exceeding ten in 
number at any one time, at a compensation not exceeding $100 
per month, each, while actually engaged in duty, which shall be 
in full for services and ordinary expenses. The commissioner 
may also appoint special game wardens, to serve without pay, 
who shall have the same powers as deputy wardens. The com- 
missioner may revoke the commission of any warden, and ap- 
point his successor at pleasure. 

In case a posse is summoned by the commissioner to assist in 
the enforcement of this act, the expenses thereof shall he paid iy 
the state. The commissioner shall require of each warden the 
(living of a bond in a sum not exceeding $1,000 for the faithful 
discharge of his duties and the prompt accounting for and pay- 
ment of any moneys coming into his hands by virtue of his office. 
Such bond shall run to the people of the state of Colorado, icith 
surety to be approved by the commissioner. 

Sec. 5. The commissioner shall publish in pamphlet form, for 
general distribution, the laws relating to game and fish, at an ex- 
pense not exceeding $200. 

Sec. 6. The commissioner may also by writing filed in the of- 
fice of the secretary of state, appoint a superintendent of state 
fish hatcheries, who shall be skilled in fish culture, and who 
shall hold his office for the term of two years, subject to the 
power of the commissioner to remove him at any time, and to 
appoint a successor in like manner. The superintendent shall 
receive a salary of $1,200 per annum, and his reasonable and 
necessary traveling expenses, not exceeding $400 per annum. The 
commissioner may also appoint an assistant superintendent at 
each of the operative fish hatcheries of the state, at a salary of 
$900 per annum, each; provided, that the salary of the assistant 
at the Denver hatchery shall be $1,200 per annum. 

Sec. 7. The commissioner shall have power to prescribe such 
rules, regulations and forms as may be required to carry out the 
true intent of this act, and not inconsistent herewith. 

Sec. 8. Except as herein otherwise specially provided, all 
moneys received under this act by a warden shall be paid over 
to the commissioner. Those received by the commissioner shall 
be paid over monthly to the state treasurer, and those received 
bv the state treasurer, from whatever source, under the pro- 



visions hereof, shall constitute a game fund, and be used exclu- 
sively for the payment of the salaries and t5xpenses incurred as 
provided herein, and in the event such fund shall at any time 
"''prove insvifficient, the deficiency shall be paid out of any moneys 
in the state treasury, in the same manner as those of other state 
officers, and such appropriations shall be made as may be neces- 
sary therefor. Payments of salaries and expenses shall be made 
monthly upon verified accounts in detail, approved by the com- 
missioner and governor, and warrants drawn by the auditor of 
state. 

Sec. 9. It shall be the duty of the commissioner and chief 
wardens to devote their entire time to the performance of the 
duties specified in this act, and to cause prosecutions to be in- 
stituted and conducted for the punishment of violations thereof, 
in the performance of their duties the commissioner and wardens 
shall have all the rights and powers, throughout the state, of 
sheriffs and constables in their respective counties, except as 
herein otherwise provided. 

Sec. 10. The commissioner shall biennially make to the gov- 
ernor a report of the transactions of his department which 
shall contain an account of the work done, of moneys expended 
and recommendations for future work, the cost of said report 
not to exceed $200. 

Sec. 11. The commissioner and every warden throughout the 
state, and every sheriff and constable in his respective county, 
is authorized and required to enforce this act and seize any 
game or fish taken or held in violation of this act, and he shall 
have full power and authority, and it shall be the duty of every 
such officer, with or without a warrant, to arrest any person 
whom he has reason to believe guilty of a violation thereof; 
and with or without a warrant to open, enter and examine all 
camps, wagons, cars, stages, tents, packs, warehouses, stores, 
outhouses, stables, barns, and other places, boxes, barrels, and 
packages where he has reason to believe any game or fish 
taken or held in violation of this act, is to be found, and to 
seize the same; provided, that a dwelling house actually occu- 
pied can be entered for examination only in pursuance of a 
warrant. 

Sec. 12. Where game or fish, while being transported, is 
seized under this act, the officer making such seizure shall 
have authority, upon payment of reasonable compensation 
therefor, to also take possession of and use any animals and 
vehicles used in such transportation for the purpose of con- 
veying the game or fish seized to a convenient railroad sta- 
tion or place of safe keeping or sale, and also for conveying 
any person arrested for the unlawful possession of such game 
or fish to a place of hearing or trial, and no liability shall 
attach to such officer by reason thereof, but this section shall 
not apply to any animal or vehicle while being used as a public 
conveyance for passengers or mails, or to any railroad car. 



Sec. 13. In case Indians or other persons shall engage In 11 
the hunting or killing of game or fish in violation of this act, '' 
in such number as to be beyond the reasonable power of the 
commissioner or any chief warden to control, or in case of 
forcible resistance to the enforcement thereof, it shall be the 
duty of the sheriff of the county in which such violation exists, 
upon demand of the commissioner or any chief warden, to aid 
him In the enforcement of this act, and to call to his assist- 
ance at once a sufficient number of persons to enforce the same 
promptly and effectually, or, if by him deemed necessary, said 
commissioner or chief warden may call such assistance with- 
out the intervention of the sheriff. The failure, without good 
cause, of any person called to assist in such enforcement, to 
respond and render such assistance shall be deemed a violation 
of this act. 

Sec. 14. No person shall set fire to any timber or grass on 
land belonging to this state or to the United States, or set fire 
in any place where it is liable to spread to such timber or 
grass, nor leave any camp fire unextinguished, and every officer 
having authority in relation to timber or timber reserves of ' 
the United States shall have the same authority under this act 
as a deputy warden. 

Sec. 15. The commissioner may, if he so elect, bring and 
maintain a civil action in the name of the people of the state 
for the possession of any game or fish taken, killed or held in 
violation of this act, or for the value thereof, against any per- 
son in possession or exercising control over the same, and if 
required by the commissioner, a writ of replevin shall issue 
therein without bond. No previous dema^nd for possession shall 
be necessary. In case costs or damages are adjudged in favor 
of the defendant, the same shall be paid out of the game fund. 
Neither the pendency of such action nor of a criminal prosecu- 
tion for the same taking, killing or possession, shall be a bar 
to the other, nor shall anything in this section affect the right 
of seizure under the other provisions of this act. 

Sec. 16. All game and fish now or hereafter within this 
state not held by private ownership, legallj' acquired, and which 
for the purposes of this act shall include all the quadrupeds, 
birds and fish mentioned in this act, are hereby declared to be 
the property of the state, and no right, title, interest or prop- 
erty therein can be acquired or transferred, or possession there- 
of had or maintained except as herein expressly provided. 

Sec. 17. As used in this act, and unless otherwise specifically 
restricted or enlarged, the word game includes all the quadru- 
peds and birds, and the word fish includes all the fish (except 
white salmon, suckers, carp and squaw fish) mentioned herein, 
and now or hereafter within this state and not held by private 
ownership legally acquired. 

Sec. 18. As used in this act, unless otherwise specifically re- 
stricted or enlarged, the words herein and hereof refer to the 
whole act; the words person, owner, proprietor, grantee, lessee 



or licensee include a firm, association, corporation or municipal- 
ity; the word commissioner means the state game and fish com- 
missioner; the word warden or wardens includes the chief war- 
dens, deputy wardens and special wardens provided for herein; 
the word officer includes every person authorized to enforce this 
act; and whenever the possession, use, importation, transporta- 
tion, storage, taxidermy, sale, offering or exposing for sale of 
game or flsh is prohibited or restricted, the prohibition and re- 
striction shall, where not specifically otherwise provided extend 
. to and include every part of such game or fish, and a violation 
as to each individual animal or part thereof shall be a separate 
offense, and two or more offenses may be charged in the same 
complaint, information or indictment, and proof as to a part 
of an animal shall be sufficient to sustain a charge as to the 
whole of it; and violations as to any number of animals of 
the same kind may be charged in the same count and punished 
as a separate offense as to each animal. 

Sec. 19. The possession at any time of game or fish unaccom- 
panied by a proper and valid license, certificate, permit, or In- 
voice, as herein provided, shall be prima facie evidence that 
such game or flsh was unlawfully taken and is unlawfully held 
in possession, and it shall be the duty of every ijerson having 
the possession or control of game or flsh to produce the proper 
license, certiflcate, permit, or invoice, when one is required by 
this act, on demand of any officer, and to permit the same to be 
inspected and copied by him. 

Sec. 20. The commissioner may take, or autiiorize the taking, 
from any of the waters of this state, at any time, and in any 
manner, any fish or spawn belonging to the state for the purpose 
of propagation or stocking other waters in this state, or ex- 
changing with the fish commissioners of other states or of the 
United States, but no such fish or spawn shall be taken or used 
for propagation in or stocking of any private lake, nor shall 
anything lierein prohibit the purchase, by the commissioner, 
of fish fry and eggs for stocking waters in this state, but no 
fry or eggs of fish destructive of trout shall be placed in public 
waters without the consent of the commissioner. 

The commissioner may also authorize the retention by any 
resident of the state of any young game animal which has heen 
abandoned by its mother and taken in good faith for the purpose 
of saving its life; but not more than two such animals shall be 
retained by one person at the same time. 

The commissioner, with written permission of the governor, 
may also at any time and in any manner take any game running 
ct large within this state, for the purpose of propagation in other 
parts of the state, but the same shall not be used for stocking any 
private park. 

Sec. 21. In case of a violation of this act by a corporation, 
the warrant of arrest may be read to the president, secretary or 
manager in this state, or any general or local agent thereof in 
the county where the action is pending, and upon the return of 



such warrant so served, the corporation shall be deemed in 
court and subject to the jurisdiction thereof, and any fine im- 
posed may be collected by execution against the property of such 
corporation, but this section shall not be deemed to exempt any 
agent or employe from prosecution. 

Sec. 22. In case the commissioner shall revoke the commis- 
sion of a warden he shall immediately notify him in writing, and 
it shall be the duty of the person whose commission is revoked 
immediately on receipt of such notice to mail such commission 
to the commissioner at Denver and to refrain thereafter from ' 
acting or assuming to act as a warden. 

Sec. 23. If the holder of any license, certificate or permit shall 
persistently or flagrantly and knowingly violate or countenance 
the violation of any provision of this act, such license, certifi- 
cate of permit shall be revoked by the commissioner after due 
notice given of the alleged violation and an opportunity afforded 
to appear and show cause against the same. 



DIVISION B. 

General Regulations — Open Seasons — Number — Quantity. 

Section 1. No person shall at any time of the year, or in any 
manner, pursue, take, wound or kill any bison, buffalo, elk, deer, 
antelope, mountain sheep or beaver, or any of the following wild 
birds, viz.: Turkey, prairie chicken, sage chicken, grouse, quail, 
pheasant, partridge, ptarmigan, duck, goose, brant, swan, crane, 
water fowl, pigeon, dove, snipe or curlew, or any trout, white 
fish, grayling, sunflsh, bass, catfish, wall-eyed pike or other food 
fish, or sell, offer or expose for sale or have the same in posses- 
sion, except as permitted by this act; provided, the prohibition 
in this section as to beaver shall not extend to such beaver as 
interfere with the operation or maintenance of any canal, ditch 
or lawful dam. 

Sec. 2. No person shall shoot from a public highway at 
game, or fish or hunt game in any enclosure not public land, 
without the consent of the owner or persons in charge of the 
same, nor fish or hunt in any park, lake or preserve licensed 
under this act without the consent of the proprietor or person 
in charge of the same, and no question of ownership, proprie- 
torship or charge shall defeat a prosecution unless it appears 
that the accused in good faith has heretofore claimed and at the 
time of the commission of the act complained of, claimed to be 
such owner, proprietor or to have such charge, or to have had 
the consent of the owner, proprietor or person in charge, and 
shall establish such claim. 

Sec. 3. No person shall have in possession or transport the 
carcass of any game quadruped or any considerable portion of 
such carcass unless the same has thereon the natural evidence 
of its sex sufRcient to enable such sex to be readily determined 
by ordinary inspection. 

Sec. 4. Every person lawfully taking any fish alive and de- 
siring and entitled lawfully to retain the same, shall immediately 
kill it, unless it is intended to be kept alive, in which case it 
shall be immediately placed in a suitable receptacle containing 
sufBcient water and given proper care and attention. 

Sec. 5. No game or fish shall be used for baiting any trap, 
device or deadfall, nor shall any edible portion of game or fish 
be abandoned or permitted to go to waste, nor shall the nest or 
eggs of any game bird be disturbed, destroyed or held in posses- 
sion. 

Sec. 6. No dynamite or other explosive or poisonous or stupe- 
fying substance whatever shall be used in the taking or killing 
of any fish, nor placed in° any waters containing fish, except 
when done by public authority for public improvement, nor shall 
any ties or timber be driven or floated down any stream con- 
taining fish. 

Sec. 7. It shall be lawful to pursue, take or kill, during the 
open season therefor, in the manner, of the kind, for the purpose 



and to the number and extent in this section provided, the fol- 
lowing' game and fish, and the open seasons therefor in each 
year shall begin and end as follows, but not otlicrivisc niiil at 
no other time, namely: 

(1) The open season for deer having horns shall begin 
lieptemier 15 and end Septemher SO, of each year; and for moun- 
tain sheep and antelope having horns shall begin October IS 
and end the 2Sth of the same month, commenciny with the year 
1907. 

(2) The open season for elk having horns shall begin 
November 1, and end the 5th of the same month, coinntencinij with 
the year 1907. 

(3) The open season for prairie chickens, sage chickens 
and grouse shall begin September 1 and end October 20 next 
ensuing. 

(3-a) The open season for wild turkeys shall begin 
September 1 and end October 20 next ensuing, commencing uHth the 
year 1907. 

(4) The open season for wild ducks, geese, snipes, cur- 
lews, brants, swans and other water fowls and shore birds, 
shall begin September 10 and end April 15, next ensuing, 
except in altitudes exceeding 7,000 feet above sea level, where 
the season shall begin September 15 and end May 1st; Provided, 
That no food shall be placed within 100 yards of any shore or 
blind for the purpose of feeding wild fowls. 

(5) The open season for doves shall begin August 1 and 
end August 31, each year. 

(G) The open season for crested quails shall begin November 
1, and end the 30th of the same month, commencing with the 
year 1907, and for bob white qtiuils shall begin October 1st and 
end the 31st of the same month, commencing with the year 1920. 

(7) The open season for trout not less than seven inches 
in length and other fish, shall begin June 1st and end October 
31st next ensuing, and in no instance shall fishing be done be- 
tween the hours of 8 o'clock p. m. and 4 o'clock a. m.; Provided, 
That the public shall have the right to fish in any stream in this 
state stocked at public expense, subject to actions in trespass for 
any damage done property along the bank of any such stream. 

(8) The right given by this section to take or kill game and 
fish is limited to food purposes only and to 25 ducks and 2.'> 
other birds and 20 pounds of trout and 50 pounds of other fish 
for each person in any one calendar day, and no person shall 
take, kill or have in possession in any one open season more 
than one deer loith horns Nor shall any person have in posses- 
sion at any one time more than 50 ducks and 50 other birds, 
nor more than 25 pounds of trout oc 50 pounds of other fish. 

(9) No game or fish shall be held in possession by any per- 
son for more than five days after the close of the season for 
killing the same, except as in this act otherwise provided. 

(10) No game shall be pursued, taken, wounded or killed 
In the night, nor with a steel or hard-pointed bullet, nor with 
any weapon other than an ordinary shoulder gun or pistol, nor 



shall any fish be taken or killed except in the ordinary manner 
with a lino and road held in the hand, and the hook or hooks 
baited with natural or artificial bait; and fishing with snag 
hooks or trot lines, or lines having more than five hooks thereon, 
shall not be deemed the ordinary manner of fishing; nor shall 
any person fish within two hundred feet of any fishway, nor 
dispose of to another, except by actual donation, any game or 
fish taken or killed under the provisions of this section; 

Provided, That dogs, blinds, sinks and decoys may be used 
for hunting birds, and that the provisions of this section in 
relation to game quadrupeds and fish shall not apply to those 
in parks and lakes of class A licensed under said act for the 
keeping and propagation of the same. 

Provided, That nothing in this act shall be construed to pre- 
vent the fishing ivith snag hooks or trot lines or seining of tho 
Grand river from the mouth of flic Roaring Fork river down to 
the Utah line, nor the Gunnison river from the mouth of the 
Uncompahgre river doivn to the Grand river, or any other river 
where there are no trout. 

Sec. 8. In waters where white salmon, suckers, carp or 
squaw fish abound, the commissioner may in his discretion 
grant to any responsible person a permit to take the same at 
a designated time and place with nets or seines, and to dis- 
pose of them for food purposes. Any other fish so taken must 
be immediately returned to the stream alive. 

Such permit shall expire with the calendar year, and be 
substantially in the following form: 

Form 1. 

STATE OP COLORADO. 

DEPARTMENT OP GAME AND PISH. 



Permit for Salmon, Suckers, Carp or Sciuaw Fish. 
No Denver 189. . . . 

Mr is hereby authorized to take white 

salmon, suckers, carp or siiuaw fish from the at 

from , 189..., to , 189..., in conformity 

with law This authorizes possession and sale, transportation 
and storage. Void after the date last above. 

Commissioner. 



DIVISION C. 

Public and Private Parks, Lakes and Preserves — Sale of 
Game and Fish Therefrom. 

Section 1. No person shall have in possession or keep or re- 
tain in captivity in any park, enclosure, lake or body of water, 
public or private, any living game or fish unless the person hav-i 
ing such possession, or the proprietor of such park, enclosure, 
lake or body of water shall procure a license therefor as here- 
inafter provided; and in any prosecution for a violation of this 
section the possession of any living game or flsh, or the hav- 
ing or keeping of any such game or flsh in any park, 
enclosure, lake or body of water shall be prima facie evidence 
that the same was unlawfully captured and is unlawfully heldi 
in possession. 

Sec. 2. Any park, enclosure, lake or body of water main- 
tained in violation of this act shall be deemed a continuing pub- 
lic nuisance and may be abated as provided by law for thei 
abatement of public nuisances and the game therein liberated, 
or any obstruction to the free ingress or egress of fish removed, 
and each day the same is maintained in violation hereof shall ' 
be a separate offense. 

Sec. 3. No person shall transport or sell, keep or expose or i 
offer for transportation or sale any game or flsh, taken from 
any park, enclosure, lake or body of water, public or private, 
unless the same be licensed as provided in this act, and then 
only as provided in this division, and this section shall apply 
to game and flsh held by private ownership as well as to game 
and flsh the ownership of whicli may be acquired under this act. : 

Sec. 4. The provisions of this division in relation to private 
parks and lakes, the licensing thereof for the keeping and propa- > 
gation of game and flsh therein, and permitting the sale thereof, ! 
shall apply to every park or lake in whole t)r in part on land 
held by private ownership, and to every lake the water of which, 
or the right to the use of such water, in whole or in part, has 
been or may hereafter be acquired under the laws of this state 
or of the United States, for irrigation purposes, and the owner 
of such land or water right shall be deemed the proprietor of 
such park, or lake, and of the game or fish therein, and such 
lakes shall be designated as class A. 

Sec. 5. Any person having already established or desiring to 
establish and maintain a park or lake, public or private, for the 
purpose of keeping or propagating and selling the game or flsh 
therein or to be placed therein, shall apply in writing to the 
commissioner, stating the name, location, extent and proprietor- 
ship of the same, the kind and as near as may be, the number of 
game or fish kept or desired to be kept therein, the term for 
which the license is desired, and enclosing the fee therefor, and 
if upon examination by the commissioner it shall appear that 
the application is in good faith, and in other respects proper 

10 



and reasonable, he shall grant to such applicant a license 
therefor. 

Sec. 6. Such license shall be substantially in the following 
form; 

Form 2. 

STATE OP COLORADO. 
DEPARTMENT OP GAME AND PISH. 



Licensed Parks and Lakes. 

No Class A. Denver 190 

This certifies that proprietor of a (public 

or private) (park or lake) called and situated on 

, Sec Twp Range , in 

county, Colorado, is hereby authorized to keep and propagate 
therein and dispose of as provided by law, the following (game 
quadrupeds, birds or flsh), viz.: 

together with such additions thereto (with the natural increase 
of all) as may be hereafter lawfully acquired. This authorizes 

possession, use and sale, but not transportation, and expires 

years after date. 

, Commissioner 

Sec. 7. When any such proprietor shall desire to procure or 
add to his collection game or flsh belonging to the state, he shall 
apply to the commissioner, who, if it appear that the sarne is in 
good faith and proper and reasonable, shall issue a permit to 
procure the kind and number therein stated, which permit shall 
be sufficient to authorize the proprietor therein named or his 
agent appointed in writing, to capture or procure alive at any 
time of year such game and fish and to keep or dispose of them 
and their natural increase subject to the provisions of this act, 
but no permit shall be valid except in the year of its date; pro- 
vided, that the use of such game or flsh for any other purpose, 
or the injury or destruction of the same in the effort to capture 
or otherwise, shall be deemed a violation of this act, unless it is 
made to appear that the same occurred without the fault or neg- 
ligence of any person engaged therein; provided, also, that no 
fee for license or permit shall be charged for any park or lake 
owned or controlled by a municipality and to which the public 
is admitted free. Such parks and lakes shall be deemed public. 
All other parks and lakes licensed under this act shall be deemed 
private. 

Sec. 8. The commissioner may also grant a permit to any 
such proprietor for the exchange of any game or fish in such 
park or lake for other game or fish suitable for preservation or 
propagation in this state, with other persons within or without 
the state. 

11 



Sec. 9. All permits for capture or exchange shall expire with 
the year in which issued and shall be substantially in the fol- 
lowing form. 

Form 3. 

STATE OP COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Permit Capture or Exchange. 
No Class A. Denver, 190 

This certifies that of Is auth- 
orized in person or by his agent, authorized in writing, to cap- 
ture alive at any time of year (or exchange for ) the 

following game and fish, to wit: , for the 

purpose of propagation in licensed (park or lake) No This 

authorizes possession and transportation to the licensed park or 
lake, but expires with the year of its date. 

, Commissioner. 

Sec. 10. Where a private park or lake of class A licensed 
under the preceding sections contains game quadrupeds or fish 
belonging to the state, at the date of the license, the commis- 
sioner shall have the right to demand and receive from the pro- 
prietor, free of charge, at such park, not more than 10 per cent, 
of the natural increase of the game quadrupeds therein, for each 
year thereafter; and not more than 10 per cent, of the fertilized 
fish eggs stripped from the fish in such lake each year thereafter, 
and it~^hall be the duty of the proprietor to give reasonable 
notice to the commisioner of the time when such eggs will be 
ready for delivery. The commissioner shall secure, at his own 
expense and whenever he may elect, the game quadrupeds to 
which he is so entitled, but if he fails to do so before November 
1, or fails to provide for the reception of the eggs to which he is 
entitled, his right thereto for that year shall cease. 

Sec. 11. If the proprietor of any lake mentioned in the last 
preceding section shall fail in any year to strip the fish therein, 
the commissioner shall have the right to do so, the same to be 
without expense to the proprietor. 

Sec. 12. All game quadrupeds and fish eggs so obtained by 
the commissioner from private parks and lakes shall belong to 
the state, and shall be used or sold by the commissioner for the 
purpose of stocking other parks, streams or lakes. 

Sec. 13. No person owning or controlling any reservoir, lake 
or body of water into which public waters flow and which fur- 
nishes the water supply in whole or in part to any stream con- 
taining fish shall divert or lessen such water inflow or supply to 
an extent detrimental to the fish in such stream, reservoir, lake 
or body of water. 

Sec. 14. Except as in this division otherwise provided, all 
game and fish, with the natural increase thereof, held or confined 

12 



in any private park or lake of class A, licensed under the preced- 
ing sections, shall during the existence of the license or any 
renewal thereof, be deemed the property of the licensee of the 
same to the extent that he may lawfully retain, pursue, capture, 
kill, use, sell or dispose of the game and fish therein in any 
quantity, at any time of year, and in any manner except as pro- 
hibited in sections 4, 5 and 6 of division B of this act, by con- 
forming to the conditions and subject to the restrictions in this 
division prescribed in relation thereto, but not otherwise, and the 
pursuit, capture, wounding or killing of any game or fish in any 
licensed park or lake, public or private, without the consent of 
the proprietor, shall be unlawful; provided, that the aggregate 
number of game or fish now in or hereafter collected and placed 
in any private park or lake of class A, which contained any game 
or fish belonging to the state at the date of the taking of effect 
of this act shall not be lessened by the killing, use, sale or dis- 
position thereof, except as provided in the next section, it being 
the purpose of this proviso to restrict such killing, use, sale and 
disposition to a number not exceeding in the aggregate the nat- 
ural increase, and that the right to capture, kill or dispose of 
birds in any park, shall, except as to pheasants and quails, 
placed therein by the proprietor, and their natural increase, 
when taken or killed within such park, be subject to the pro- 
visions of division B hereof. 

Sec. 15. If by reason of controlling necessity or for the pur- 
pose of stocking or replenishing some other park oi' lake, any 
proprietor of a park or lake of class A may desire to lessen the 
aggregate number above provided for, the commissioner may, on 
being satisfied of the propriety thereof, grant a permit therefor. 

Such permit shall be substantially in the following form: 

Form 4. 

STATE OP COLORADO. 
DEPARTMENT OP GAME AND PISH. 



Permit to Lessen Number. 
No.... Class A. Denver, 190.... 

Being satisfied of the propriety thereof, Mr pro- 
prietor of , maintained under license No Is 

hereby permitted to lessen the aggregate number of 

therein to the extent of 

This authorizes sale, but not transportation, and expires with 
the year of its date, 

Commissioner. 

Sec. 16. When the proprietor of any licensed park or lake of 
class A shall sell or dispose of any game or fish as herein pro- 
vided, he shall at the same time deliver to the purchaser or 
donee or attach thereto an invoice signed by such proprietor or 
his agent, stating the number of the license and name of such 

13 



park, or lake, the date of disposition, the kind, and as near as 
practicable the number and weight of such game or fish, the 
name and address of the purchaser, consignee or donee. Such 
invoice shall authorize transportation within this state, posses- 
sion and use for thirty days after this date, and shall be sub- 
stantially in the following form: 

Form 5. 

STATE OF COI.ORADO. 
DEPARTMENT OF GAME AND FISH. 



Private Parks and Lakes— Invoice. 

Name of Park or Lake Class A. 

No. of License Date 189.. 

Kind and number of game and fish, 

Weight of same, lbs. Name of consignee, 

Address of consignee, 

This authorizes transportation within this state, possession 
and sale for thirty days after date if attached to article. 

, Proprietor. 

By , Agent. 

Sec. 17. Such proprietor or his agent shall at the same time 
mail, postpaid, a duplicate of such invoice to the commissioner at 
Denver; provided, that no invoice shall be required in case of fish 
lawfully taken or killed in such lake during the open season 
therefor, and within the quantity provided bj' division B hereof, 
while in the possession of the person capturing or killing the 
same, during the open season and for five days thereafter. 

Sec. 18. When any such game or flsh, for which an invoice is 
required, is to be shipped by rail, express, or other carrier, 
public or private, the invoice shall be securely attached thereto 
or to the package containing the same, in plain sight, and the 
same may then be lawfully carried and delivered within this 
state to the consignee named in such invoice. 

Sec. 19. If such game or flsh is held, exposed or offered for 
sale or sold by the consignee or kept in any storage, hotel, 
restaurant, cafe or boarding house, such invoice shall be kept 
attached thereto as aforesaid until the same shall have been 
prepared for consumption. 

Sec. 20. In case of a sale or disposition of a part of such 
game or flsh the vendor shall at the same time make a copy 
of such invoice and indorse thereon the date of sale, the num- 
ber and kind of game or fish so disposed of and the name of 
the purchaser, and sign and deliver the same to the purchaser 
or donee, who shall keep it attached as aforesaid until the 
game or fish is prepared for consumption, and the same shall 
have the same force and effect as the original invoice. 

Sec. 21. Any wilful misstatement in or any omission of a 
substantial requirement from any invoice or copy thereof, 

14 



shall render the same void and be deemed a violation of this 
act, and the possession of such game or flsh shall be un- 
lawful, and the possession of any game or fish without such 
invoice or a copy thereof attached thereto when so as above 
required shall be unlawful. 

Sec. 22. The proprietor of every private park and lake 
licensed under the preceding sections shall, whenever re- 
quired by the commissioner, make and send to the commis- 
sioner at Denver a report showing as near as practicable the 
kind, number, age and sex of the game, and the kind and 
number of the flsh, added and disposed of during the year pre- 
ceding and on hand at the date of the report. 

Sec. 23. No grantee or lessee of a bird-shooting privilege at 
or upon any lake or body of water, nor any grantee or lessee of a 
fishing privilege in or upon any stream or any part thereof, 
shall pursue, take, wound or kill any bird at, upon or in such 
lake, or body of water, or fish in or upon such stream or per- 
mit the same, until he shall have procured a license therefor 
from the commissioner, and lakes and streams licensed under 
this section shall be designated as licensed preserves, but no 
such license shall be granted for any lake or body of water not 
wholly on land held by private ownership or under the laws 
relating to reservoirs or irrigation, nor for any part of a stream 
not wholly on land held by private ownership, nor shall any 
such licensee or any other person pursue, take, wound or kill 
any bird at, upon or in any lake, body of water, nor flsh in or 
upon any stream licensed under this section, or have in posses- 
sion or dispose of game or flsh from any preserve otherwise 
than as provided in division B of this act, nor shall any person 
shoot or flsh on a licensed preserve without the consent of the 
licensee. 

Sec. 24. Licenses under the last preceding section may be 
obtained as near as may be in the manner provided for obtaining 
licenses for parks and lakes and shall be substantially in the 
following form: 

Form 6. 

STATE OF COLORADO. 

DEPARTMENT OF GAME AND FISH. 



Licensed Preserves. 
No Denver, 189.. 

This certifles that (grantee or lessee) of 

situated on section township 

range , in county, Colorado, is licensed to 

(shoot or flsh) thereon or therein and permit others to do so 
during the open season therefor and in conformity with the law. 

This does not authorize transportation or sale and expires 

years after this date. 

Commissioner. 

15 



Sec. 25. The rights acquired by the proprietor of a private 
lake licensed hereunder, and the prohibitions hereof, shall extend 
to and include all channels connecting a series or group of lakes 
under one license, and the commissioner may authorize the use 
of such screens or other appliances as may be necessary to 
prevent the flsh in a licensed lake of class A from escaping, 
and it shall be the duty of the proprietor to adopt and use such 
screens or other appliances as the commissioner may direct to 
prevent the fish in public waters from entering such lake. 

Sec. 26. When the owner of a private park or lake has 
granted or leased to another the right to keep and propagate 
game or flsh therein, the grantee or lessee shall be deemed the 
proprietor and entitled to the license. 

Sec. 27. A series or group of lakes under one proprietorship 
or lease and situated in reasonable- proximity to each other, 
may be included in one license, either as a private lake or 
licensed preserve. 

Sec. 28. In case of diverse proprietorship the license may be 
joint if the proprietors so elect, otherwise a separate license shall 
be required for each interest and the rights thereunder shall 
be co-extensive with or In proportion to such interest. 

Sec. 29. There shall be kept posted conspicuously and not 
more than forty rods apart on the borders of each park and 
each licensed stream preserve, plain notices not less than one, 
foot square, stating that the same is private property and ' 
warning persons against trespassing thereon, and a similar 
notice shall be posted at or near each cardinal point of the 
compass on the border of each private lake, and lake preserve. 

Sec. 30. In case of a transfer of proprietorship or interest in: 
any park, lake or preserve, the transf-eree shall within thirty! 
days thereafter procure from the commissioner a transfer of the 
license endorsed on the back thereof. 

Sec. 31. In case of parks, lakes and shooting and fishing 
privileges existing at the taking effect hereof, licenses therefor 
shall be applied for and the fee paid within three months after 
such taking effect. . 

Sec. 32. Licenses for private parks, lakes and preserves may 
be for two years or ten years, as the applicant may desire, and 
any license shall be renewed from time to time at request of 
licensee for a like period as the original, or a two-year license 
may be surrendered at any time, and one for ten years obtained 
on payment of the full amount of the fee for the latter. Each 
renewal shall bear the same number as the original, and be of 
similar form, with the word "renewal" written on its face. A 
renewal must be applied for and the fee paid St or before the 
expiration of the original license or of the previous renewal, 
otherwise the same fee shall be paid as for an original license. 
Licenses for public parks and lakes shall be for ten years, and 
renewed from time to time. 

16 



DIVISION D. 

importation — Transportation — Storage — Seizure — Sale 

Section 1. No game or Hsh shall be brought into this state 
from any other state or territory except as provided in this 
division. 

Sec. 2. Game and lish intended to be used for propagation 
in or stocking parks or waters within this state may be brought 
into this state from any other state or territory, and the com- 
missioner shall issue certificates therefor without charge. 

Sec. 3. Game or fish Intended for any purpose other than 
those mentioned in the last preceding section may be brought 
into this state only from those states and territories the laws 
of which at the time of such importation do not prohibit the 
importation and sale therein of game and fish from this state, 
and game and fish so imported into this state may be held and 
disposed of only as provided in this division. 

Sec. 1,. No person shall import, or briny into this state from 
any other state or territory, and sell, any game or fish of the kind 
mentioned in this act, until he shall have procured from the com- 
missioner a license as a game and fish importer, but no such 
license shall authorize the importation or sale of game, the killing 
of which is not permitted by the laws of this state. 

Such license shall be kept constantly and publicly exposed in 
the office or place of business of the licensee, and shall expire with 
the calendar year in which issued. 

Sec. 5. Upon the receipt of imported game or fish the importer 
shall immediately attach thereto an invoice stating the number 
and kind of game and fish, the name of the person and place re- 
ceived from, the date of reception, and the number of the im- 
porter's license, and sign the same. 

Sec. 6. In case of a disposition of such game or fi.^h, or any 
part thereof, the importer shall deliver such invoice, or a true 
copy thereof, to the purchaser or donee. 

See. 7. In case the purchaser or donee shall desire to re-dis- 
pose of the same, or any part thereof, he shall indorse on such in- 
voice, or on a copy thereof, the name of the purchaser or donee, 
his own name, and the date of rc-disposition, and deliver the same 
to the purchaser or donee. 

Sec. 8. Such invoice or cojrics thereof so made, when kept at- 
tached to stich game or fish, shall authorise the possession, sale, 
storage, transportation and use of the same within this state at 
any time during the year of the date thereof. 

S'ec. 9. All game and fish seized under this act shall, without 
unnecessary delay, be sold by the officer seizing the same, or 
by the commissioner, except when a sale is impracticable or is 
likely to incur expenses exceeding the proceeds, in which case 
the same shall be donated to any needy person not concerned 
in the unlawful killing or possession thereof. Possession by vir- 
tue of such sale or donation shall not be unlawful. The pro- 

17 



ceeds thereof, after deducting the costs of seizure and sale, 
shall, if made by the commissoner or any warden, be paid into 
the state treasury, but if made by a sheriff or constable shall 
be paid, one-half to the commissioner and one-half into the 
treasury of the county where the seizure was made. 

Sec. 10. In case of such seizure and disposition the ofHcer 
making the same shall sign and give to each purchaser or 
donee an invoice stating the time and place of disposition, the 
kind, quantity and weight, as near as may be, of the game 
or fish disposed of and the name of the purchaser or donee. 
Such invoice shall authorize possession, transportation within 
this state, storage and sale for thirty days after date and shall 
be substantially in the following form: 

Form 10. 

STATE OP COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Officer's Invoice. 

100... 

Disposed of by me this day to , the 

following game and fish, to wit: Kind ; number ; 

weight, ; the same ha^ang been seized and disposed 

of by me under the provisions of the game law. This authorizes 
possession, storage, transportation within this state, and sale. 
Void after thirty days from date. 



(Title of Officer.) 

Sec. 11. When any person lawfully in possession of game 
or fish shall desire to transport the same within this state, the 
transportation of which is not herein otherwise provided for, or 
out of this state, the commissioner may, upon being satisfied 
that the possession and transportation is not in violation of 
the spirit of this act, grant a permit therefor, and thereafter 
during the period of ten days after its date, such transportation 
shall be lawful between the points therein named. Such permit 
shall be substantially in the following form: 

Form 11. 

STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Transportation Permit. 

No. . . . Denver 190. . . . 

This certifies that Mr is entitled to trans- 
port from Colorado, to 

the following game and fish, to wit : 



18 



This authorizes possession and transportation between the points 
named herein only, but not sale or storage. Void after ten days 
from date. 

Commissioner. 

Sec. 12. No railroad company, express company, stage com- 
pany or other public carrier, messenger, baggage man, or person 
in charge of any public conveyance, nor any agent thereof, shall 
receive or store for transportation, or transport into, or within, 
this state any game or fish except as follows, namely: 

(1) When there is attached thereto a proper and valid cer- 
tificate or permit signed by the commissioner or having a fac 
simile of his signature thereon and on its face authorizing trans- 
portation of the article named therein, and during the period 
therein stated. 

(2) At any time of year when the same is shipped from a pri- 
vate park or lake and has attached thereto a proper and valid 
invoice as required in division C of this act. 

(3) At any time of year when the same is in charge of the 
commissioner, or some person acting for him and under his writ- 
ten authority, or an offlcer having seized the same under the 
provisions of this act, or a game or flsh commissioner or warden 
of the United States or some other state, territory or foreign 
country. 

(4) At any time of year when the same has been seized and 
sold by an ofRcer and has attached thereto an invoice as pro- 
vided in this division, and for thirty days after the date of such 
invoice. 

(5) When there is attached thereto a proper and valid im- 
porter's invoice, authorizing transportation of the article therein 
named and during the period therein stated. 

(6) At any time of year when the same are small fry or flsh 
eggs for stocking purposes. 

(7) At any time of year when the same is being transported 
from some other state or territory into this state in conformity 
with section 2 or 3 of this division. 

(S) During the open season therefor and for five days there- 
after when presented for shipment in lawful number or quantity. 
Each shipment if a deer must have attached thereto a hunting 
license coupon. See section 9, division G. If birds or fish must 
have attached a domestic certificate. See section 2, division K. 

Sec. 13. Game or flsh may be transported out of this state 
only when accompanied by a permit from the commissioner au- 
thorizing the same, as provided in section 11 of this division, or 
when being transported from some other state or territory where 
taken or killed, through this state to some other state or ter- 
ritory. 

Sec. 14. Whenever any game or fish is presented for trans- 
portation or transported in a box, barrel, package or other cov- 
ering so the game or fish is not plainly visible, the consignor 
shall put on the outside of such covering a plain mark or label 

19 



Indicating the true contents, and the proper invoice, certificate, 
or permit, wlien one is required, shall be attached to the outside 
of the covering'. 

Sec. 15. Nothing herein shall make such carrier liable for 
transportation of game or flsh when the same is transported 
without charge or way bill and in the possession of a passenger; 
but such fact shall not exempt the same from seizure, if unlaw- 
fully taken, killed, held in possession, or transported. 

Sec. 16. Any person having the lawful possession of game or 
fish killed within this state, may, upon proof of such fact, have 
issued to him by the commissioner, a storage permit, which shall 
authorize storage, possession and use of the same not longer 
than ninety days next ensuing the open season therefor. 

Such permit shall be substantially in the following form: 

Form 12. 

STATE OP COLORADO. 

DEPARTMENT OP GAME AND PISH. 



Storage Permit. 

No. . . . Denver 190. . . . 

Mr residing at 

being in the lawful possession of killed 

within this state, is entitled to have the same kept in storage 

until next. This authorizes storage, 

possession and personal use until the date last mentioned above, 
but not transportation or sale. 

, Commissioner. 

Sec. 16a. No game or flsh shall be received for or held in 
storage except as follows, namely: 

(1) During the open season therefor and for five days there- 
after when the same is stored for the person lawfully in posses- 
sion of the same. If a deer, a hunting license coupon must be 
attached. See section 9, division G. If birds or fish a domestic 
certificate must be attached. See section 2, division K. 

(2) At any time of the year when there is attached thereto a 
proper and valid invoice as provided in division C hereof, relat- 
ing to parks and lakes. 

(3) At any time of year when there is attached thereto a 
proper and valid importer's invoice as provided in this division, 
and during the life thereof. 

(4) At any. time of year when there is attached thereto a 
proper and valid officer's invoice as provide'd in this division 
relating to the seizure and sale of game and fish, but storage 
under this sub-division shall not continue for more than thirty 
days after the date of such invoice. 

(5) When there is attached thereto a proper and valid cer- 
tificate or permit signed by the commissioner and on its face 

20 



authorizing storage of tlie article named therein, and during tlie 
period therein stated. 

Sec. 17. No certificate, invoice or permit shall be of any va- 
lidity unless the same is kept constantly and publicly exposed 
viith, or attached in plain sight to, the article to which it re- 
lates, or to the covering of the same when covered, except as 
in this act otherwise expressly provided. 



DIVISION E. 

Hotels and Restaurants. 

Section 1. No game or fish shall be held in possession in or 
placed upon the table of any hotel, restaurant, cafe or boarding 
house, or named on its menu or bill of fare as food for its pa- 
trons, either under the name used in this act or under any other 
name or guise whatever except as follows, namely: 

(1) At any time of year when the same has been sold and is 
held in possession in accordance with the provisions of division 
D of this act, relating to the seizure and sale by an officer of 
game or fish killed or held in violation of this act. 

(2) At any time of year, when the same has been furnished 
from a private park or lake of class A licensed under this act 
and sold, shipped and held in possession in accordance with the 
provisions of division C of this act relating to private parks and 
lakes, but this subdivision shall not apply to licensed preserves. 

(3) At any time of year when the same has been lawfully im- 
ported into this state and sold and held In possession in accord- 
ance with the provisions of division D of this act, relating to the 
sale of imijorted game and fish. 

(4) During the open season and for five days thereafter, or 
during the life of a storage permit thereto attached, at the re- 
quest of the person lawfully in possession of the same, and for 
the personal use of such person or his invited guests. 

Sec. 2. The naming of game or fish upon any such menu as 
food for patrons shall be prima facie evidence of the possession 
of the same by the proprietor of such hotel, restaurant, cafe or 
boarding house. 

Sec. 3. All permits, invoices and copies of invoices received 
under this division shall be preserved by the proprietor for at 
least thirty days after the consumption of the game or fish 
therein described (unless sooner called for by the commissioner) 
and shall be delivered to the commissioner on demand therefor 
within such time. 



DIVISION F. 

Unlawful Devices — Destruction of the Same — Diversion and 
Pollution of Waters. 

Section 1. Except as in this act otherwise permitted, no per- 
son shall use in the pursuit, taking, wounding or killing of game 
and fish any dog, net, seii;ie, trap, snag hook, trot line, artificial 
lights or device whatever. 

Sec. 2. Every net, seine, trap, explosive, poisonous or stupe- 
fying substance or device used or intended for use in taking or 
killing game or fish in violation of this act, and set, kept or found 
in or upon anj^ of the waters in this state or upon the shores 
thereof, and every trap, device or deadfall found baited in viola- 
tion of this act, is hereby declared to be a public nuisance and 
may be abated and summarily destroyed by any person, and it 
shall be the duty of every officer authorized to enforce this act 
to seize and summarily destroy the same, and no prosecution or 
suit shall be maintained for such destruction; provided, that 
nothing in this division shall be construed as affecting the right 
of the commissioner to use such means as may be proper for 
the promotion of game and fish propagation and culture, nor as 
authorizing the seizure or destruction of firearms. 

Sec. 3. Except as otherwise provided in this act, every dam or 
other artificial obstruction in the public waters containing food 
fish which interferes with the free passage of fish, and not pro- 
vided with a sufficient fishway for the free passage of fish up 
and down the same, shall have such fish way constructed therein 
within six months after the taking effect of this act, and no such 
dam or artificial obstruction shall hereafter be constructed, 
placed or maintained in such waters without such fish way, 
except as hereinafter provided, but this section shall not apply 
to a point in a stream at which the whole volume of water is 
taken out and lawfully applied without unnecessary waste to a 
beneficial use. 

Sec. 4. No dam or other obstruction to the free passage of fish 
shall hereafter be commenced, constructed or placed in any 
public stream containing fish, until the person proposing to do so 
shall first give written notice to the commissioner of such inten- 
tion, together with a statement of the name and location of such 
stream, the proposed location, size and purpose of such dam 
or obstruction, and thereafter comply v/ith the reasonable direc- 
tions of the commissioner in relation to the construction and 
maintenance of a fish way therein. The expense of construction 
and maintenance of such fish way shall be borne by the person 
erecting such dam or obstruction. 

Sec. 5. Every fish way shall be constructed, maintained and 
repaired at the expense of the owner and operator of such dam 
or obstruction, and in the event of failure or neglect to comply 
with any reasonable directions given by the commissioner he ^^ 
Tna.y cause such construction, maintenance and repair to be made 
and the expense thereof recovered from such owner or operator 

22 



in a civil action witli a penalty of ten dollars for each and every 
day of such failure or neglect, and from the time such construc- 
tion or repair is commenced the expense thereof and the penalty 
aforesaid shall be a lien upon such dam or obstruction and the 
premises connected therewith, until the completion thereof and 
payment of the expense and penalty incurred. 

Sec. 6. In case of a dispute between the commissioner and 
any owner or operator as to the necessity, character, mainte- 
nance or repair of any fish way, the same may be judicially 
determined as herein provided in relation to alleged obstruction 
and pollution. 

Sec. 7. No sawdust, tailings or other deleterious or poison- 
ous substance shall be allowed to run or pass into or pollute 
any public waters containing fish, or deposited or left where it 
may be carried by natural causes into such waters, in such 
quantities as to destroy or be detrimental to the fish or spawn 
therein, except as hereinafter provided. 

Sec. 8. Every dam or other artificial obstruction, every placer 
mine, mill, reduction plant or other industrial enterprise, con- 
structed, maintained or operated In violation of this act, is 
hereby declared unlawful and a continuing public nuisance and 
the same may be enjoined or abated or its objectionable features 
modified as hereinafter provided, and the person constructing, 
maintaining or operating the same punished as for a violation 
of this act, and every day the same is so maintained or operated 
shall be deemed a separate offense. 

Sec. 9. Whenever any such obstruction or pollution is alleged 
to exist, the commissioner, any citizen of the state or the owner 
or operator of such obstruction or industry, may file a petition 
in the district court of the county in which the obstruction or 
pollution is alleged to exist or originate, or into which any of 
the polluted water flows, for the purpose of having an equitable 
determination of the fact, nature and extent of such alleged 
obstruction or pollution and the remedy to be applied, if any, and 
a temporary injunction may issue upon notice if the fact of 
obstruction or pollution be evident and the necessity urgent, 
issues shall be made up as in other civil actions. 

Sec. 10. The action may be brought by the commissioner or a 
citizen of the state in the name of the people of thg state on 
the relation of such person, but no such action shall be brought 
by a citizen without the consent of the commissioner, the attor- 
ney general or the district attorney of the district. 

In case an injunction is issued or an appeal taken on behalf 
of the people, no bond shall be required. The relator shall not be 
responsible for costs, but the same shall be paid by the state 
if it be defeated, or the commissioner may pay the same from 
any funds provided for the enforcement of the game and flsh 
laws. 

Sec. 11. If the action is brought by the owner or operator, 
the people of the state shall be made defendants, and service 
of the summons shall be made upon the commissioner, and a 

23 



cross-petition may be filed with the same effect as an original 
petition. 

Sec. 12. It shall the duty of the district attorney of the 
district where any such action is brought, or to which it may 
go at any time, to appear on behalf of the people of the state, 
and conduct the same under the direction of the commissioner. 
If the district attorney shall fail or neglect to prosecute or 
defend such action to the satisfaction of the commissioner, it 
shall be the duty of the attorney general to appear and prose- 
cute or defend for the people, or the commissioner may em- 
ploy special counsel. 

Sec. 13. On final hearing the court shall, without the inteT- 
vention of a jury, determine if such obstruction or pollution 
exists, and if so, the cause, nature and extent thereof, the in- 
jurious effect, if any, upon the fish and their propagation, the 
means adopted, if any, by such owner or operator to obviate 
or prevent the same, the practicability or otherwise of more 
efficient means to prevent injury therefrom, and any other facts 
necessary to form an intelligent judgment of the public neces- 
sity and importance of the industry concerned as compared with 
the like necessity and importance of such waters as a source 
of fish supply if unaffected thereby, and having due regard to 
the public welfare and such constitutional and legal rights as 
may exist, may order the adoption by the owner or operator 
of such means as may be reasonable and practicable, to pre- 
vent or lessen the injurious effect of the same, or may abate 
the obstruction or perpetually enjoin the operations which cause 
the injury, or render such other judgment as the right of 
the case may require. In determining the questions aforesaid 
the court shall not be precluded from considering the other bene- 
ficial uses to which such waters are or may be applied. 

Sec. 14. The final judgment and decree of the court until re- 
versed or modified, and of the supreme court on final hearing, 
shall be a final determination of the rights of the parties there- 
to, under the facts existing and found by the court, and when 
complied with by the owner or operator, or if the judgment 
shall be in his favor, shall be a bar to any criminal prosecu- 
tion for the same or similar acts unless the cause, extent or 
nature of the injury be thereafter changed so as to affect the 
fish supply more injuriously. 

Sec. 15. In the event of a change in the cause, extent or na- 
ture of such injury, either increasing or diminishing the effect 
thereof, either party may at any time thereafter file a supple- 
mental petition in the district court where the cause was tried, 
and have such increased or diminished effect determined and 
the judgment modified accordingl3^ but the facts originally found 
shall not be retried upon such supplemental petition, nor shall 
the original judgment, whether finally rendered in such court 
or the supreme court, be modified or changed except as re- 
quired by such changed conditions. 

24 



Sec. 16. Nothing hei-ein shall prevent the granting of a new 
trial as provided by law. 

Sec. 17. Appeal or writ of error in such action shall lie to 
or from the supreme court only, and all the evidence offered 
or introduced shall be reduced to writing and preserved, and 
in the event of an appeal the supreme court shall try and de- 
termine the case de novo on such evidence; provided, that if 
the evidence or the findings of the court below on any essen- 
tial fact be not satisfactory, the supreme court may remand 
the same for retrial. 

Sec. IS. In case an order is made, before final judgment, 
granting, modifying or refusing an injunction, an ai>peal from 
or writ of error to such order may be taken without wait- 
ing for final judgment. 

Sec. 19. Nothing in this division shall prevent the enforce- 
ment of this act by criminal prosecution in the absence of the 
equitable proceeding herein provided for, or during the pendency 
of the same, unless the court in which such equitable pro- 
ceeding is pending shall for good cause shown, restrain such 
criminal prosecution, which it may do, nor shall anything in 
this division affect any existing right for the prevention or 
redress of private injuries or wrongs. 



cross-petition may be filed witli the same effect as an original 
petition. 

Sec. 12. It shall the duty of the district attorney of the 
district where any such action is brought, or to which it may 
go at any time, to appear on behalf of the people of the state, 
and conduct the same under the direction of the commissioner. 
If the district attorney shall fail or neglect to prosecute or 
defend such action to the satisfaction of the commissioner, it 
shall be the duty of the attorney general to appear and prose- 
cute or defend for the people, or the commissioner may em- 
ploy special counsel. 

Sec. 13. On final hearing the court shall, without the inteT- 
vention of a. jury, determine if such obstruction or pollution 
exists, and if so, the cause, nature and extent thereof, the in- 
jurious effect, if any, upon the fish and their propagation, the 
means adopted, if any, by such owner or operator to obviate 
or prevent the same, the practicability or otherwise of more 
efficient means to prevent injury therefrom, and any other facts 
necessary to form an intelligent judgment of the public neces- 
sity and importance of the industry concerned as compared with 
the like necessity and importance of such waters as a source 
of fish supply if unaffected thereby, and having due regard to 
the public welfare and such constitutional and legal rights as 
may exist, may order the adoption by the owner or operator 
of such means as may be reasonable and practicable, to pre- 
vent or lessen the injurious effect of the same, or may abate 
the obstruction or perpetually enjoin the operations which cause 
the injury, or render such other judgment as the right of 
the case may require. In determining the questions aforesaid 
the court shall not be precluded from considering the other bene- 
ficial uses to which such waters are or may be applied. 

Sec. 14. The final judgment and decree of the court until re- 
versed or modified, and of the supreme court on final hearing, 
shall be a final determination of the rights of the parties there- 
to, under the facts existing and found by the court, and when 
complied with by the owner or operator, or if the judgment 
shall be in his favor, shall be a bar to any criminal prosecu- 
tion for the same or similar acts unless the cause, extent or 
nature of the injury be thereafter changed so as to affect the 
fish supply more injuriously. 

Sec. 15. In the event of a change in the cause, extent or na- 
ture of such injury, either increasing or diminishing the effect 
thereof, either party may at any time thereafter file a supple- 
mental petition in the district court where the cause was tried, 
and have such increased or diminished effect determined and 
the judgment modified accordinglj^ but the facts originally found 
shall not be retried upon such sui^plemental petition, nor shall 
the original judgment, whether finally rendered in such court 
or the supreme court, be modified or changed except as re- 
quired by such changed conditionp. 

24 



Sec. 16. Nothing herein shall prevent the granting of a new 
trial as provided by law. 

Sec. 17. Appeal or writ of error in such action shall lie to 
or from the supreme court only, and all the evidence offered 
or introduced shall be reduced to writing and preserved, and 
in the event of an appeal the supreme court shall try and de- 
termine the case de novo on such evidence; provided, that if 
the evidence or the findings of the court below on any essen- 
tial fact be not satisfactory, the supreme court may remand 
the same for retrial. 

Sec. 18. In case an order is made, before final judgment, 
granting, modifying or refusing an injunction, an appeal from 
or writ of error to such order may be taken without wait- 
ing for final judgment. 

Sec. 19. Nothing in this division shall prevent the enforce- 
ment of this act by criminal prosecution in the absence of the 
equitable proceeding herein provided for, or during the pendency 
of the same, unless the court in which such equitable pro- 
ceeding is pending shall for good cause shown, restrain such 
criminal prosecution, which it may do, nor shall anything in 
this division affect any existing right for the prevention or 
redress of private injuries or wrongs. 



Sec. 13. No person shall procure or use more than one 
coupon of the same number, nor procure or use more than one 
license in any one year, nor use any coupon after it has been 
once used, and a violation of this section shall render all such 
licenses and coupons void. 

Sec. 14. Every person hunting or shooting in any licensed 
park or preserve must have a hunting license, as provided in 
this division, but where game is lawfully killed in a licensed 
park and an invoice is attached thereto, as provided in Division 
C of said act, no coupon from such license need be attached. 



DIVISION H. 

Guide Licenses. 

Section 1. No person shall directly or indirectly engage or act 
as guide, as the term is commonly understood, for any person 
or party engaged in hunting protected game, without having 
satisfied the commissioner of his reliability and competency and 
procured from the commissioner a license therefor and having 
the same in his possession while so acting. 

Sec. 2. Every guide licensed under this act shall, by virtue 
of such license, be entitled to act as a deputy warden, without 
pay, and when commissioned as such, shall have all the powers 
of a deputy warden, as provided in said act, and if he shall 
violate, or connive or assist in any violation of this act, his 
license and commission may be revoked by the commissioner, 
and he shall be disqualified to act as a guide during that year, 
and also be liable to punishment as for a violation of this said act. 

Sec. 3. Every guide shall, as often as requested and on blanks 
furnished by the commissioner, report under oath' to the com- 
missioner the names and number of persons guided by him, the 
number of days he has been so employed, and, as near as prac- 
ticable, the number of game and flsh taken or killed by such 
persons and himself, and such other information as the com- 
missioner may deem desirable. The fee for a guide license shall 
be in addition to the fee required for a hunting license, and 
every guide shall procure a state hunting license and have the 
same in his possession while acting as a guide. All such licenses 
shall expire with the calendar year in which issued. 



28 



DIVISION J. 

Taxidermists — Scientific Societies — Mounted Specimens. 

Section 1. No person shall engage in taxidermy for hire until 
he shall have procured a license therefor. 

Licenses under the section for taxidermists engaged in busi- 
ness at the taking effect of this act must be procured within 
three months after such taking effect. 

Sec. 2. The word "specimen" as herein used means the head, 
horns, feet and hide, or either one or all of them, mounted or 
dressed, or unmounted or undressed, of a game quadruped pro- 
tected by law, and no such specimen shall be brought into this 
state by any person, except as provided in said act, nor shall 
any such specimen, either domestic or brought from any other 
state, territory or foreign country, be mounted, dressed, trans- 
ported or held in possession in this state by any person, except 
as provided in this division, nor shall any such specimen be sold 
unless the same was lawfully imported or killed prior to the 
taking effect of this act, and the evidence thereof attached 
thereto, as herein provided. 

Sec. 3. It shall be the duty of the commissioner as soon as 
may be after the taking effect of this act to examine, or cause 
to be examined, all specimens of protected game quadrupeds in 
the possession of taxidermists, and to furnish and have a tag 
affixed, without charge, to each specimen which appears to be 
lawfully held, and it shall be the duty of every person to afford 
an opportunity for and permit such examinations and tagging 
without hindrance. 

Sec. 4. If any specimen has been lawfully imported by, or was 
lawfully owned by and in the possession of a taxidermist prior 
to the passage of this act, the commissioner shall, upon satis- 
factory proof of. such fact, affix thereto, without charge, a tag 
showing the same, or any taxidermist or other person desiring 
to import any specimen, shall apply to the commissioner who, 
if such importation appears to be proper, shall issue a certificate 
therefor, and such specimen may be lawfully held or sold so 
long as the evidence thereof remains attached thereto. 

Sec. 5. The commissioner may, upon the written request of 
the Governor, issue to any representative of, or person desig- 
■ nated by, a reputable and duly incorporated society of natural 
history or science, a permit to collect for scientific purposes 
only, at any time of the year, any of the game and fish pro- 
tected by law, upon the applicant being recommended by two 
well-knowi* scientific men and executing to the state a bond in 
the sum of $1,000, with acceptable sureties. Such perrnit shall 
authorize the person therein named to take or kill within the 
state and deliver to such society such game and flsh, and the 
same, when so lawfully procured, may be thereafter mounted 
or dressed and held in possession; but nothing herein shall 
authorize the procurement of game or fish taken or killed unlaw- 

29 



fully, or exempt a person unlawfully taking or killing- the same 
from the penalties therefor. 

In case any game or fish procured under this section shall 
not be appropriated to scientific purposes, the bond aforesaid 
shall be forfeited to the state and the permit become void. 

All persons acting- under a permit as aforesaid shall be re- 
quired to have a hunting license for the same purpose. 

Sec. 6. Any person other than a taxidermist, in lawful pos- 
session of any specimen, and desiring to perpetuate the evidence 
of the legality of his possession, may apply to the commissioner, 
and upon it being so made to appear, the commissioner shall 
issue to him a certificate to that effect. 

Sec. 7. The conditions under which specimens referred to in 
this division may be dressed, mounted, held in possession or 
transported within this state, are as follows, namelj': 

1. When there is attached thereto a hunting license coupon, 
as provided in this act. 

2. When there is attached thereto a scientific permit, as 
provided in this act. 

3. When there is attached thereto a certificate, permit, tag 
or invoice, as provided in this act, or in the act to. which this is 
amendatory. 

Sec. S. In case it is desired that the head, horns, feet or hide 
shall be separated the commissioner may issue, without 
charge, a duplicate coupon or tag for one or more of the parts, 
describing the same. 

The alteration of any certificate, permit, tag or invoice, or 
its use on any other specimen than the one for which it was 
issued shall render it void. 

Sec. 9. Nothing in this division shall be deemed applicable to 
living game. 



30 



DIVISION K. 

Domestic Certificates — General Provisions. 

Section 1. Every person lawfully taking any domestic game 
or fish shall without delay attach thereto a certificate signed by 
him and stating the kind, number, and when and where the 
same were taken, and in case the same, or any part thereof, 
shall be donated to another, shall indorse such fact on the cer- 
tificate, or on a copy of the same, and sign it. Such certificate 
(or copy indorsed when reqviired) shall be deemed prima facie 
evidence of lawful possession, and authority to transport and 
store the same within the state during the open season and for 
five days thereafter; and the possession, transportation or stor- 
age of such game or fish without such certificate (or copy in- 
dorsed when required) attached thereto shall be unlawful. 

•Provided, That this section shall not apply to game or fish 
having attached thereto a proper hunting license coupon, or an 
invoice from a private park or private lake. 

Blank certificates in the form of tages for this purpose may 
be furnished by the commissioner at cost. 

Sec. 2. Such certificate shall be substantially in the follow- 
ing form: 

Form 13. 

STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Domestic Certificate. 

I hereby certify that the to which this 

certificate is attached, lavifully taken by me in 

county, Colorado, on the day 

of 190.... 

(Signed) 

Sec. 3. The commissioner or any warden, if he so elect, or 
any other officer charged with the enforcement of the laws re- 
lating to game and fish, if so directed by the commissioner, may 
bring a civil action in the name of the state against any person 
imlawfully wounding or killing or unlawfully in possession of 
any game quadruped, bird or fish, and recover judgment for 
each such animal the following minimum sums as damages for 
the taking, killing or injury thereof, to wit: 

For each elk $ 200 00 

For each deer 50 00 

For each antelope 100 00 

For each mountain sheep 200 00 

For each buffalo or bison 1,000 00 

For each beaver 25 00 

For each bird 10 00 

For each fish 100 

31 



No verdict or judgment recovered by the state in such action 
shall be for a less sum than hereinbefore fixed, but may be for 
sucli greater sum as the evidence may show the value of the 
animal to have been when living and uninjured. Such action 
for damages may be joined with the action for possession now 
provided in said act, and recovery had for the possession and 
also the damages as aforesaid. 

All moneys collected under this section shall be immediately 
paid over by the justice or clerk of the court collecting the same 
as follows: One-third into the treasury of the county where the 
offense was committeed, one-third to the flsh and game fund, and 
one-third to the person instituting the action; Provided, That if 
the person instituting the action shall fail for ten days after such 
ccillection and due notice thereof to demand the portion to which 
he is entitled, [the] same shall be paid to the fish and game fund, 
and the right of such person thereunder shall be deemed for- 
feited. The commissioner, any warden or officer instituting a 
prosecution shall be entitled to a share in the fine [sum] col- 
lected the same as any other person and [it] shall be a personal 
perquisite for which he need not account. 

Neither the pendency nor determination of such action, nor 
payment of such judgment, nor the pendency nor determination 
of a criminal prosecution for the same taking, wounding, killing 
or possession shall be a bar to the other, nor affect the right of 
seizure under any other provision of the laws relating to game 
and flsh. 

Sec. 4. No fine, penalty or judgment assessed or rendered 
under this act, or the act to which it is amendatory, shall be 
suspended, reduced or remitted otherwise J;han as expressly 
provided by law. 

Sec. 5. It shall be the duty of the commissioner, and he shall 
have authority to prescribe and (prepare, all the forms and 
blanks required by this act. 

He shall also prescribe and prepare forms and blanks for 
applications for all licenses, certificates and permits, and no 
license, certificate or permit shall be issued except upon an 
application sworn to by or on behalf of the applicant, stating 
his age, place of residence and such other particulars as will 
identify the person to whom the license, certificate or permit is 
to be issued, and any false statement in any application shall 
render the license or permit issued thereon void. 

Sec. 6. Immediately upon the passage of this act, and every 
two years thereafter, the commissioner shall revise and publish 
in pamphlet form, for general distribution, the laws and regu- 
lations iiT force relating to game and flsh. at a cost not ex- 
ceeding $300 biennially, and the same shall be prima facie evi- 
dence and shall be taken as such in all courts of this state of 
the existence of such laws, rules and regulations. 



32 



DIVISION L. 

Penalties — Prosecutions — Fines. 

Section 1. Kvery attempt to violate any provision of this act 
shall be punishable to the same extent as an actual violation 
thereof, and any such attempt or violation by an agent, clerk, 
officer or employee, while acting for a corporation, shall render 
such corporation liable also, and an accessory may in all cases 
be prosecuted and punished as a principal. 

Sec. 2. The failure by any person or officer to perform any 
act, duty or obligation enjoined upon him by this act shall be 
deemed a violation thereof. 

Sec. 3. Every person using dynamite or other explosive, or 
any poisonous or stupefying substance, or pursuing, taking, 
wounding, killing or having in possession any bison or buffalo, 
in violation of this act, shall be punished by a fine of not less 
than $500 nor more than $1,000, or by imprisonment in the pen- 
itentiary not less than six months nor more than two years, or 
by both such fine and imprisonment. 

Sec. 4. Every person or officer violating any of the provisions 
of this act, otherwise than as contemplated in section 3 of this 
division, shall be guilty of a misdemeanor and be punished by a 
fine of not less than $25 nor more than $500, or by imprisonment 
in the county jail not less than ten days nor more than six 
months, or by both such fine and imprisonment. 

Sec. 5. Every person convicted and fined under this act shall 
be imprisoned until the fine and costs are paid, and shall not be 
discharged therefrom on account of his inability to pay the 
same until he shall have been actually imprisoned one day for 
each $5 of the fine. 

Sec. 6. Prosecutions under this act may be commenced either 
by indictment, complaint or information, and district and county 
courts and justices of the peace in their respective counties 
shall have concurrent original jurisdiction of all offenses under 
this act, except those contemplated in section 3 of this division, 
of which justices of the peace shall not have jurisdiction other- 
wise than as committing magistrates. 

Sec. 7. The accused shall be entitled to a jury as in other 
criminal cases, and an appeal shall lie from a justice of the 
peace as in cases of assault and battery. Appeals from and writs 
of error to the district and county courts shall lie as in other 
criminal cases. 

Sec. 8. It shall be the duty of each district attorney to pros- 
ecute all violations of this act, occurring within his district, 
that may come to his knowledge, or when so requested by the 
commissioner or any officer charged with its enforcement, the 
same at all times to be subject to the supervision and control 
of the commissioner. 

Sec. 9. In any prosecution under this act, any participant in 
a violation thereof, when so requested by the district attorney, 

33 



commissioner, warden or otlier officer instituting tlie prosecu- 
tion, may testify as a witness against any other person charged 
witli violating the same, and his evidence so given shall not 
be used against him in any prosecution for such violation. 

Sec. 10. All moneys collected for fines under this act shall be 
immediately paid over by the justice or clerk collecting the 
same, as follows: One-third into the treasury of the county 
where the offense was committed, one-third to the commissioner, 
and one-third to the person instituting the prosecution. Pro- 
vided, that if tlie person instituting the prosecution shall fail 
for ten days after such collection and due notice thereof, to 
demand the portion to which he is entitled, the same shall be 
paid to the commissioner and the right of such person there- 
under shall be deemed forfeited. 

The commissioner, any warden or officer instituting a prose- 
cution shall be entitled to a share in the fines collected the same 
as any otlier person, and it shall be a personal perquisite for 
which he need not account. 

Sec. 11. It shall be the duty of every justice of the peace 
and clerk of a court before whom any prosecution under this 
act is commenced or shall go on appeal, and within twenty days 
after the trial or dismissal thereof, to report in writing the 
result thereof and the amount of fine collected, if any, and the 
disposition thereof to the commissioner at Denver. 



34 



DIVISION M. 
Records — Reports — Fees — Repeal — Taking Effect. 

Section ]. The commissioner shall keep a record of all 
moneys received and of all licenses, certificates, permits and 
tags issued by him, numbering- each class separately, and in 
case of the loss of any one of thern before its expiration by 
use, or lapse of time, and upon being satisfied of the good 
faith of the applicant, shall issue a duplicate thereof bearing 
the same date and number as the original. On the face of 
such duplicate he shall endorse the following: "Duplicate, ori- 
ginal lost," and such duplicate shall have the same force and 
effect as the original, and he shall collect therefor the same 
fee as for the original, but not exceeding the sum of 10 in any 
case. 

Sec. 2. The commissioner shall charge and collect the fol- 
lowing fees: 

For each permit to take salmon, etc $ 100 

" " for storage 100 

" certificate of importation 1 00 

" scientific permit, domestic society 103 

" scientific permit, foreign societj' 50 OO 

' ' permit to capture or exchange 1 00 

" permit to lessen game or fish in park or lake 1 00 

" quadruped park, two-year license 40 00 

renewal of same 30 00 

~ " quadruped park, ten-year license 100 00 

renewal of same 75 00 

" bird park, two-year license 10 00 

renewal of same S 00 

" bird park, ten-year license 25 00 

" renewal of same 20 00 

lake, two year license for first lake 10 00 

renewal of same 8 00 

" lake, two-year license for each additional lake — 5 00 

" renewal of same, each additional lake 3 00 

lake, ten-year license for first lake 25 00 

" renewal of same 15 00 

" lake, ten year license each additional lake 10 00 

renewal of same, each additional lake 5 00 

" preserve, two-year license 10 00 

" renewal of same 8 00 

" preserve, ten-j'ear license 25 00 

" renewal of same 15 00 

" transfer of any license 100 

" permit for transportation out of the state— 

for each elk 10 00 

for each deer 5 00 

for each antelope 5 00 

for each lot of fish 2 00 

35 



For each non-resident general hunting license Z5 00 

non-resident bird hunting license for one day 2 00 

" additional day 1 00 

" state hunting license 1 00 

" guide license 5 00 

" taxidermist license, one year 25 00 

importer's license 50 00 

Sec. 3. The commissioner shall procure and keep on hand a 
supply of all blanks required for use under this act, and imme- 
diately upon the taking effect thereof shall furnish to the pro- 
prietors of licensed parks and lakes, and to importers and ven- 
dors entitled under this act to import and sell foreign or domes- 
tic game and flsh, such blank invoices as they may require, at a 
price not exceeding 25 per cent, advance on their cost. 

Sec. 4. When an arrest for a violation of this act is made by 
a sheriff or constable, the usual fees in a case of misdemeanor 
shall be taxed in his favor, and if not collected from the defend- 
ant, or if the defendant is acquitted, shall be paid by the county; 
and the necessary and ordinary fees and expenses of every posse 
lawfully summoned and engaged in the enforcement of this act 
shall be taxed as a part of the costs, and if not collected from 
some person liable therefor, shall be paid out of the state treas- 
ury in the same manner as is provided for the payment of the 
expenses of the commissioner. 

Sec. 5. When an arrest for a violation of this act is made by 
the commissioner, or a warden, and the defendant is convicted, 
there shall be taxed as costs in facor of the ofHcer making the 
arrest the same fees as a constable is entitled to in a case of 
misdemeanor, and, if collected from the defendant, shall be paid 
over to such officer and shall be a personal perquisite for which 
he need not account, but no such fees shall be allowed in case 
of acquittal, nor shall the county or state be liable for such 
fees in any event. 

Sec. 6. In case of a seizure and sale of game or fish taken or 
held in violation of this act, the ofHcer making the same shall be 
entitled to the mileage allowed to a constable for serving a writ 
of replevin, and the reasonable cost of transporting the game 
or fish to the place of sale, and $3 per day for each day actually 
and necessarily spent in making the sale, which sums he may 
deduct from the proceeds of sale, but in no event shall the 
county or state be liable for any deficiency, and such fees when 
earned by the commissioner or a warden shall be a personal 
perquisite for which he need not account, but when such fees 
are collected from the proceeds of sale no other .expenses shall 
be allowed any ofHcer on account of the seizure, transportation 
or sale. 

S'ec. 7. In all cases the officer making a seizure or sale 
shall, within ten days thereafter, report all the particulars 
thereof and an itemized statement of the proceeds, expenses and 

36 



fees and the disposition tliereof, and pay the remainder of the 
proceeds, if any, to the commissioner. 

Sec. 8. Every warden shall, in the month of December of each 
year, and at such other times as the commissioner may require, 
report to the commissioner as to all violations of and prosecu- 
tions under this act occurring in his district, together with such 
other information as the coiTimissioner may require. 

Sec. 9. All acts and parts of acts in conflict with this act are 
hereby repealed, but such repeal shall not affect or abate any 
prosecution now pending or hereafter brought for any offense 
committed prior to the taking effect of this act, but the same 
may be prosecuted and punished as in said acts provided. 

iS'ec. 10. The words "said act," ivJiercver used herein, re- 
fer to the act to ivhich this is amendatory, and the penal pro- 
visions of said act shall be applicaMe to this act the same as if 
this act had hcen incorporated therein and passed as a part thereof, 
end all acts or parts of acts inconsistent with this act are hereby 
repealed. 



INDEX 



Application for licenses, etc 32 

Application for licenses, etc., must be sworn to 32 

Appointment of commissioner 1 

Appointment and salary of clerk 2 

Appointment of game wardens 2 

Authority of commissioner 3 

Authority of sheriffs and constables 3 

Baiting traps 7 

Bond of commissioner 1 

Bond of warden 2 

Blanks from commissioner 36 

Civil actions for game 4, 31 

Corporations, how arrested 5 

Commissions revoked 6 

Coupon attached to deer 27 

Dams and fishways 22 

Domestic certificate 31 

Department of game and fish 12, 31 

Diversion of water 12 

District attorney prosecute 24, 33 

Domestic game and fish 31 

Dynamiting fish 7 

Fines, how disposed of 32 

Fines not remitted or suspended 32 

Fees 35 

Fish killed, when taken 7 

General regulations, open seasons, number, quantity 7 

Game and fish, how shipped 14 

39 



Game and flsh, how imported 17 

Game and fish seized and sold 18 

Guide license 28 

Hotels and restaurants 21 

Hotels must retain invoice 21 

Hunting license 26 

Hunting license must be produced 27 

Indians violating law 4 

Invoice, parks and lakes 13 

Importation — transportation— storage— seizure— sale 17 

Importation license 17 

Importation invoice 17 

Injunction, issued when '2'i 

Imported game and flsh 17 

Jurisdiction of violations 23 

License, when revoked 6 

Lakes licensed 10 

Licenses, when renewed 16 

Moneys, how disposed of 2 

Maintenance of flshway s 22 

Notices at parks, lakes, preserves 16 

Ownership of game and flsh 4 

Open seasons 7 

Officers invoice IS 

Obstruction of waters 22 

Possession prima facie evidence 5 

Prohibited territory 7 

Permit for seining 9 

Permit for salmon, suckers, carp and squaw flsh 9 

Public and private parks 10 

Parks licensed 10 

Permit capture or exchange 12 

Permit to lessen number 13 

Private parks and lakes— in voice 14 

Preserves licensed 15 

Permit for transportation 18 

Packages labeled 19 

Penalties, prosecutions, fines 33 

Prosecution, how commenced 33 

Private parks, lakes and preserves 10, 15 

Replevin of flsh and game 4 

Records, reports, fees, repeal, taking effect 35 

40 



Repeal of acts 37 

Salary of wardens 2 

Salary of superintendent 2 

Salary, how paid 2 

Scientific permit 29 

Seizure and search 3 

Setting fires 4 

Sex evidence, preserved 7 

Stocking parks, preserves 11 

Special counsel employed 24 

Specimen imported 29 

Seizures,, certificate 18 

Tag duplicate issued 30 

Taxidermist license 29 

Unlawful devices 22 

Young animals retained 5 

Words construed 4 

When game and fish may be sold 14 

When seized game and fish may be sold IS 

When imported game and fish may be sold 17 



LIBRARY OF CONGRESS 



001 259 354 5^ 



